a.SECOND READING AND PUBLIC HEARING Ordinance PA 1155 Amending the Rural Comprehensive Plan to Redesignate Land from
“Rural” to “Commercial”, Rezone that Land from “RR-5/Rural Residential” to
“CR/Rural Commercial”; and Adopting Savings and Severability Clauses (File PA
98-5302; Pinnell).

Jerry Kendall, Land Management, explained it was a plan
amendment zone change for property west of the Fern Ridge Market at the
intersections of Clear Lake, Snyder and Alvadore Roads.He noted that the property came to be
available as a result of a realignment of Clear Lake Road in 1995.He said that Pinnell bought it to expand the
market, moving it west because the County road alignment had changed his
setback.

Kendall noted the planning commission reviewed this and
reached the decision in June 2000 for recommendation of approval with a site
review.He said there were no resource
goal exceptions required as it was already developed and committed property. He
noted that during the review of this application, one of the primary concerns
was meeting the transportation rule.He
said Land Management staff is satisfied that the rezone would not have a
significant affect on the transportation system and so the transportation rule
is satisfied.He said he received
letters both in support and opposition.He said the primary concerns of the people opposed were about traffic and
the uses potentially allowed in the rural commercial zone.He noted several letters were received in
support of the request and it seemed to be the highest and best use.He said staff thinks the proposal is
satisfactory and meets the requirements and they recommended approval with the
site review suffix.

Lloyd Holtcamp, Public Works, noted that Lane County did
the work and the roadway was moved farther from the existing store.He said they went through the Goal 12
exercise to determine what affect it had on performance standards. He said
there was not a critical impact with the plan amendment.

Sorenson recalled that this decision was subject to plan
amendment and rezoning criteria cited in the agenda cover memorandum and
attachments and evidence and testimony must be directed toward the approval
criteria.He said that failure to raise
an issue to enable a response may preclude appeal to the Lane Use Board of
Appeals.He announced the opportunity
to enter into the record only the persons who qualify and only as a party may
appeal a Board decision to LUBA.

Sorenson called for any ex-parte witnesses.

There were no ex-parte contacts.

Commissioner Sorenson opened up
the Public Hearing.

Eban Fodor, stated he was a land use planner
representing Thomas Pinnell, 394 E. 32nd, Eugene.He said the Fern Ridge Market had been operating in its current
location since 1937.He said that
Pinnell had owned and operated this store since 1989 and it serves the local
community and recreational users for the Fern Ridge area.He said in 1994 the County realigned the
road to eliminate a sharp turn in front of the market.He said a lot was created and it was
enclosed on three sides by roads and by Pinnell’s store which is zoned rural
commercialHe said the road is located
now 200 feet farther from Pinnell’s store than it was before so access and
visibility are more difficult. He said they want it zonedrural commercial, for providing goods and
services that are needed by rural residents.He added the zone change will enable better service to the local
community and will enhance an existing commercial use.He said there were no negative impacts on
the adjacent landowners in Lane County.He recommended going ahead with the planning revision.He added they were not proposing any
development.

Green asked how his applicant would address compliance
issues they have.

Fodor responded he didn’t know there was a compliance issue
until today.He said a letter was sent
on Monday to Pinnell stating there was a compliance issue with one of his
signs.He said Pinnell was ready to
bring the sign into compliance.

Thomas J. Shea, 25259 Lawrence Road, Junction
City,said he had lived in their area
for 22 years and is close to the store.He said the store is competitively priced and it is well run.He said that Pinnell is a benefit to the
community and the proposal should go forward.

Joann Shea, 25259 Lawrence Road, Junction City,
stated it was important for the store to have more room to make a better
business.She was in favor of it.

Ob Aasland, 2859 Manor Drive, Springfield, commented
that he had known Pinnell for years and is a friend.He said the store had prospered and was outgrowing its
facilities.He approved of what was
being done and said that it would be a good thing for everyone concerned.

Contony Carter, 1905 Port Street, Eugene, was a
friend of Pinnell’s and said he should be allowed to go farther with the
property.

Annette Pinnell, 3370 Gardena Way, Eugene, was in
favor of the rezoning as every time it rains, the parking lot turns into a mud
hole and they need to refurbish the store.

Judy Schmerber, 26262 Fern Ridge, Junction City, was
in favor of the rezoning of the one acre parcel.

Burdette Anderson, 1903 Port Street, Eugene, said he
knew Pinnell.He was in favor of the
parcel being rezoned.

Morrison asked if the land would be used for a used car
lot.

Pinnell responded if he got the zoning he would contact a
landscape architect to determine what size store would fit on his property.

Sorenson asked if they approved this what would the site
review suffix do.

Kendall stated if the Board was concerned with alleged
violations in the file like an used car lot, it would not be allowed in the
rural commercial zone.He said if the
Board wanted to be certain that none of that would occur, they could modify the
ordinance to include that.

Holtcamp noted during the planning commission hearings,
they maintained that the access should come off of Snyder Road and the existing
access be closed.He added it was a
concern mentioned by one of the planning commissioners.

Toshiko Wilson, 10 Lake View Road, stated she had
been in the same business as Pinnell.She noted that Pinnell was always improving things.She supported this.

Nick Rauch, 875 County Club Road, attorney for Rog
Powar, stated Powar was concerned about the uses that would be made with that
site with the rezoning.He said Powar
is concerned thatPinnell would put in
a gas station and it would hurt Powar.He recommended adding another condition that would not allow another gas
station in the area.

Charles Henderson, 27460 Synder Road, Junction City,
stated he lives adjacent to the store.He objected to rezoning for a number of reasons.He said if this becomes commercial that his
property value will go down.

Cynthia Potterf, 27286 Orchard Road, Junction City,
said if granted the change that Pinnell would build a service station.She said it is directly upstream from her
property on the water table.She was
concerned about gasoline additives leaking into her water supply.She noted that it would lowerthe value all of the properties surrounding
it.

Kendall responded that a site review is not oriented for
forbidding a use.He said the Board
could eliminate a used car lot as that is not allowed in the zone and that
could be enforced, but a service station is a permitted use but it would be
subject to site review.He added if the
Board wished to have the modification to forbid new or used cars being sold, he
could modify the ordinance and come back for final action the first Board
meeting in January.

Fodorsaid the
competition issue is not part of the decision criteria.He said they would be using a traffic
engineer who will work with the County to make sure they have a safe
proposal.He said that Pinnell would
find out about adding restricting car sales.

There being no one else signed up, Commissioner Sorenson
closed the Public Hearing.

MOTION: to adopt and approve Ordinance PA 1155
with site review suffix and additional item regarding the used car lot.

Morrison MOVED, Weeldreyer SECONDED.

Kendall proposedNumber 2 for the ordinance:“Testimony has been received concerning alleged past sales and storage
of vehicles at the market site.The
Board finds this use not appropriate in the CR zone and that such use at any
volume is not sanctioned on the subject property under this approval.”

Wilson noted that Kendall reading that into the record
constitutes a reading today and there would be a Third Reading in January, completing
the process.She added at present a gas
or service station is permitted use in the zone.She said if a service station were to go in,thoseconcerns would be addressed in the site review as to what measures had
been taking place.

MOTION: for a tentative approval of Ordinance PA
1155 and setting a Third Reading and Deliberation on January 3, 2001.

Morrison MOVED, Weeldreyer SECONDED.

VOTE: 4-0.

b.PUBLIC HEARING AND ORDER 00-12-6-7/In the Matter of
Receiving Comments from the Public About Community Development Needs, Proposed
Projects to Meet These Needs, and Lane County's Performance of Community
Development Block Grant (CDBG) Projects and Authorize an Application for
Funding.

Peter Thurston, Economic Development, reported it was an annual
public hearing process for the community development block grants.He noted the purpose of the hearing was to
receive comment from the public regarding past and current projects that the
community development block grant may address.He said it provides funding in the County for low-income families and
community needs.

Commissioner Sorenson opened up the Public Hearing.

Marie Bell, 1262 Calvin Street, Eugene, reported she
does volunteer work at the Child Advocacy Center and was in favor of using
community block grant money for the development of a new building for the Child
Advocacy Center.She said it is a place
where children are cared for and love to go.She said they are short on space and urged the Board to accept the
proposal so they could go for a larger building.

Ray Broderick,2560 Frontier, Eugene, Director, Land County Child Advocacy Center,concurred with Marie Bell.He encouraged the Board to support the block
grant funds.

Dave Poppy,2560 Frontier, Eugene, reported that the Child Advocacy Center was a
great place for treating children and the County is well served by the program.
He noted that they are helping more kids and families and the needs have
increased.He hoped the Board would
consider adding more funds for early intervention.

Lt. Ken Hancock, Junction City Police Department,
stated that Child Advocacy Center was the best way to handle children.He said business is booming and SCF
referrals were coming in and they are overwhelmed.He said without more room, it would be very difficult to meet
with the children. He submitted a letter from Mike Cahill for the record.

Sorenson submitted District Attorney Doug Harcleroad’s
letter as part of the record.

There being no one else further signed up to speak, Commissioner
Sorenson closed the Public Hearing.

Thurston noted the District Attorney and others in the
community had been working with Bill Seider and had evaluated the cost of the
site.He added it is County land and
the current advocacy center is owned by Lane County managed through the
District Attorney.He noted it was a
non-profit entity that would continue to be fully owned by Lane County as a
matter of ongoing best practice.

Van Vactor noted that he raised the relationship between
Lane County and the non-profit board and an agreement between the two entities
was needed.

MOTION:to
approve ORDER 00-12-6-7.

Weeldreyer MOVED, Morrison SECONDED.

VOTE: 4-0.

Weeldreyer reported that she had the opportunity to work
with the Child Advocacy Center and they were very crowded.She supported their efforts.

There
being no further business, Commissioner Sorenson recessed the meeting to
Executive Session at 5:05 p.m.